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Google's DMCA takedowns leaving Blogger users high and dry

The Digital Millennium Copyright Act is supposed to balance the rights of copyright holders and online authors, while protecting Internet service providers from getting caught in the crossfire. But Google's policy for handling DMCA notices seems to leave bloggers with scant hope of getting improperly removed content restored...

According to Fred von Lohmann, an intellectual property attorney with the Electronic Frontier Foundation, this presents an "unsettled question" for both bloggers and providers. "Many countries, including the UK, have a 'making available' right for copyright owners," says von Lohmann. "As a result, those copyright owners frequently argue that anything that can be accessed in their country violates their rights. I think that's wrong—the making available right is territorial, just like every other copyright interest, and so it only applies if someone is making the work available in the UK (i.e., the server is in the UK). But I don't think any courts have definitively ruled on this issue."

Sunday, March 8, 2009
Ars Technica

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